Pushing at the boundaries (and continuing on cruise control)
Nick Joseph writes: I have said it before, and I say it again: The thankless teams of civil servants who operate the FOI systems for the government are critical to understanding what is happening behind the scenes. We should be very grateful to them.
Of course, they are often called upon to report on the work of various agencies of the government. In my world, that is most frequently the Department of WORC and the Boards appointed to make determinations, applying the rules set for them under the Immigration (Transition) Act, and accompanying Regulations.
Constrained by those rules, it is the Office of the Director of WORC and the Caymanian Status and Permanent Residency Board who together are responsible for determining who is awarded Permanent Residence – whether under the Points System or on the Basis of Marriage to a Caymanian, a Permanent Resident, or being an Expatriate Child of a Caymanian or Permanent Resident, turning 18.
They face an enormous workload. The data we have been provided in response to an FOI request made recently confirms we should be grateful to them too.
We have noted a significant decrease in the processing times of some applications and asked for data on the number of persons being granted Permanent Residence and the Right to be Caymanian.
In the first eight months of this year, 496 persons have been granted Permanent Residence based on marriage to a Caymanian.
At a rate of two a day, it is easy to jump to the conclusion that there is a rush on marrying Caymanians – and there is some of that (we are an alluring bunch). But that is not the end of the story.
A large element of this is directly related to the fact that a significant number of Permanent Residents are now becoming Caymanian. When they do, their spouses are provided with 45 days to apply for a Residency and Employment Rights Certificate (or other available permission) lest they become “Schrodinger’s Residents” (but that is a whole other story).
A further 319 were granted PR based on the Points System, and another 124 on the Basis of Marriage to a Permanent Resident or being an Expatriate Child of a Permanent Resident (or of a Caymanian) turning 18.
These applications are being processed in as little as six months. This is excellent, especially when compared to the excessive delays and uncertainties of yesteryear.
This means that 939 people have been granted Permanent Residence in the Cayman Islands so far this year. An average of 117 each month. Almost four a day.
Every day.
In a year, almost all of them will be able to apply for Naturalisation as a British Overseas Territories Citizen. The Deputy Governor’s Office will be kept particularly busy dealing with those applications. In around six years, almost all of them (and large numbers of their spouses and children) will be applying for the Right to be Caymanian.
The Caymanian Status and Permanent Residency Board is getting a lot of practice for that near inevitability and is already busy dealing with many applications for the Right to be Caymanian.
Not counting large numbers of others who have had their status confirmed or have become Caymanian by Entitlement, 1,069 expatriates have been granted the Right to be Caymanian (i.e. status) by the Caymanian Status and Permanent Residency Board so far this year. They are now Caymanian.
122 were persons who had been Caymanian by Entitlement, were turning (or turned)18, and needed to apply for continuation of their status past their 18th birthday.
43 became Caymanian “by Descent” on the basis that they were able to prove that they were the child or grandchild of a Caymanian born in the Islands and were not otherwise able to apply to become Caymanian.
626 became Caymanian based on Naturalisation (the 15+ year path followed by those who were initially granted PR some years previously).
268 became Caymanian on the basis of their marriage to a Caymanian (a seven-year shortcut to that doesn’t even require the Caymanian you married to have even been Caymanian for any of those years, as long as they are when you apply. Surprisingly, there is also not even any requirement that the Caymanian (or their spouse) have any extensive prior residence in Cayman).
Another ten became Caymanian on the basis of their being the surviving spouse of a Caymanian.
In all of 2023, only 64 persons were granted the Right to be Caymanian on the grounds of Naturalisation. The authorities, this year, are granting more than that number (averaging more than 78 on the Grounds of Naturalisation) every month. These numbers in part arise because of a significant backlog of applications which were not determined in 2023. The numbers averaged between 13 and 23 each month (on an annualised basis) in each of the years 2019 to 2022 (inclusive).
Stockbrokers frequently remind investors that past performance is no guarantor of future returns — but it can be indicative. According to the numbers provided, 4,501 people have been granted PR since 1 January 2019. In the same period, 3,496 have been granted the Right to be Caymanian.
The returns in this market are exponential.
I have previously warned: “Ready or not…”
Each new Caymanian means more people are married to Caymanians, and more people are born to Caymanians.
The die has been cast. These numbers exist not only in consequence of the excellent (and tireless) work of those dealing with the mountains of applications arriving at the Caymanian Status and Permanent Residency Secretariat but are a near inevitable result of changes to our PR regime (including the abandonment of the key employee filter and guaranteeing everyone maximum points for occupation, no matter what they do) more than a decade ago.
Immigration reform may have been needed now (for some time), but the PACT and UPM Governments appear to have been unable to grasp the cockspur (a lot more painful than grabbing a mere nettle). The PPM set the course, and the governments since, even in the face of increasingly obvious dangers, have, for whatever reason, continued it on cruise control.
Automatic pilot.
Less thorns.
Perhaps someone ordered: “Damn the torpedoes, full speed ahead!”
Whatever the case, unlike the 1942 sinking of the Comayagua, we no longer have Captain Eugene Thompson and the MV CIMBOCO available to pick up survivors.
A long-anticipated fact is that as an increasing portion of our workforce becomes Caymanian (or married to a Caymanian), per capita work permit revenues will drop. The reality is that many of those becoming Caymanian on the basis of Naturalisation today are in the highest work permit fee brackets, with many (or their employers) paying around CI$20,000 (or as much as CI$32,400) each year.
They have made their contributions. They have earned their prize. As they shuffle off the work permit regime, we can only hope that revenue received by the government with respect to their employment over the last couple of decades was expended wisely and its forthcoming absence planned for.
The impact will not only be fiscal. Amongst the other benefits of having the Right to be Caymanian is the right to work in any occupation, to access free (well, paid for by government) education for your children, the ability to own any business (or at least pretend to), and to register to vote. In elections, and perchance, in referenda.
Aye, there’s the rub.
Later this year we may be facing an important question: ‘Should the Cayman Islands have cruise berthing facilities?”
To berth or not to berth?
If the referendum takes place as anticipated, only those appearing on the official list of electors in existence on 1 July this year will be permitted to answer the question. Many hundreds of newly minted Caymanians will have no say.
I would hope that this could be avoided. The fullest possible participation in such an important decision must be preferable, especially since delays in the processing of applications is amongst the reasons why so many Caymanians are not yet registered.
The numbers are material.
Our Honourable Premier won her election having received 266 votes (in total).
2,443 persons were granted the Right to be Caymanian since the start of 2021 (I pick that date as the last election was in April of that year and so persons granted the Right to be Caymanian that year will not have had an opportunity to register to vote). The number of new Caymanians (and accordingly new prospective voters) is almost ten times the number of Caymanians that voted our Premier into office.
Put another way, the father (or grandfather or godfather) of the House, the Hon. W. McKeeva Bush, won his election in the district of West Bay West by a margin of 27 votes against fellow independent Mario Ebanks (458 to 431). Ninety times that margin have been granted the Right to be Caymanian between the last election and the start of September – and there is every indication (although the data is not yet available) that the numbers have continued to grow significantly in the month or so since.
As at 1 July 2024, there were a total of 469 electors registered in the Hon. Premier’s district of Cayman Brac East. Heading West, there are 570 electors registered in Cayman Brac West and Little Cayman, 753 in East End, and 842 in North Side. The number of “new Caymanians” able to register to vote before the next election is growing and appears likely to eclipse the size of at least four of our nineteen constituencies. The equivalent of all of Cayman’s electorate east of Bodden Town.
And none of this includes many more generational (and first generation) Caymanians who have turned 18 and are now capable of registering to vote.
They now have that right. They should cherish it.
Democracy matters.
Cayman matters.
The Caymanian people matter.
I hope that everyone who can, will register AND actually exercise their say.
Those that choose not to vote will bear the consequences, however the chips (and ships anchors) may fall. Those that do vote will collectively set the course for the next generation.
Nick Joseph is the Founder of Reside Cayman.
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Category: Viewpoint
It is a shame that Caymanians like Nick are not permitted to run for elected office.
Caymanians like Marco Archer, Winston Connolly, Katherine Ebanks-Wilks, Johan Moxam, Andre Ebanks, Gary Rutty, Wayne Panton, Dan Scott, and Woody Foster (just to name a few of many impressive, fundamentally honest, intelligent, and capable generational Caymanians) can run for elected office. Cayman has the leaders it needs available to it. All that is required is for them to put themselves forward, and for us to elect them.
But, 4:35, they don’t always put themselves forward and when they do we don’t elect them. We elect the buffoons who lick dominoes with us and give us turkeys at Xmas.
Watch Barbados PM speech at UN. What a LEADER! What a sharp LEADER! Who knew that a demand for peace on Earth would come from the small Caribbean country leader! Who knew that a demand for The Reset on a global scale would come from Barbados. You can’t afford to miss the speech. Then you compare Barbados PM to Cayman “leaders”.
Lol while I’m not sure if this is a sarcasm, but I agree with you Ms Julie is not auntie Mia for sure
I watched her too…..what a powerful, brilliant speech!
Written by the Chinese who are infiltrating her island, 8:50…though she is an impressive leader fe true.
Generational Caymanians, we should not be naive to think that our Government is doing everything to protect our families, and the next generations of our families particularly when it comes to immigration matters.
Below is an excerpt from an article written by Nick Joseph, former partner at HSM, and updates were submitted in April 2024 by Alastair David, also of HSM that appeared in the Cayman Parent Magazine on 30th October 2023.
Below is their interpretation of the Immigration (Transition) Act (2022)
“Under the Immigration (Transition) Act (2022) (the “Act”), children born on or after 1st January 2004 are ‘Caymanian as of Right’ (no matter where they are physically born) if, at the date of their birth, at least one of their parents was Caymanian and settled in the Cayman Islands.
If the parents obtained Caymanian status any other way than by descent, and their child is born overseas when neither parent is settled in the Cayman Islands, then their child will also be ‘Caymanian as of Right’.
. . . If the children’s parents became Caymanian by descent (i.e. through a parent or grandparent), and the child is born overseas, then the child is not necessarily Caymanian. . . .”
Am reading this portion of the article and can’t seem to understand where the fairness for Generational Caymanians (i.e. Caymanians by Descent) exists.
The Complete Article can be read using the link (a) and the complete IMMIGRATION (TRANSITION) ACT
(2022 Revision) (b) below.
Source:
a. https://www.caymanparent.com/articles/immigration-rules-for-kids
b. https://cnslibrary.com/wp-content/uploads/Immigration-Transition-Act-2022-Revision.pdf
The articles were written by Nick, and describe the law INCLUDING its failings.
Nick didn’t write the law. Only the article explaining the law. Talk to your MP about these concerns.
Welcome neighbours to the other side of the fence, where the grass is discoloured in different ways! We do it to ourselves!
Says the fellow who spent his whole career getting these rights for his clients. Miss me with this
I think you will find Nick Joseph served his client’s best interests by following the LAW.
Only those that met the thresholds established and operated by the government.
He spent much of his career as an expert in the field. He was teaching the law to the immigration department when Franz was Chief Immigration Officer 20 years ago – and has been teaching it at our law school for many years. He has voiced serious concern with how our law has been written and operated for many years.
You obviously haven’t attended one of his lectures in the last 15 years.
100% and all the best to him as he served his clients well. The immigration disaster falls 100% on elected members who only serve their best interests not those of Caymanians.
Hey brother & sister Caymanians. We did not stop our politians with their immigration policies because we enjoy MOST of what the “expat” now “new Caymanian” has brought to our shores. Without their $$$ investing in our infrastructure, schools, hospitals, many venues to hold our beauty pagents, choice and variety of places to play, dine, and relax. Many “new Caymanians”volunteer in ALL of the NGOs – often I am the only Caymanian doing that, not to mention hardly any of the NGOs have Caymanians on their boards! Need I say more??? Caymanians need to STEP-UP and participate in our own country! We are much too happy to just sit back and then complain about it.
3.46pm If we didn’t have so many foreignors living here there would be no need for increased services.
Absolutely disgusting statistics, and a clear indication as to why Caymanians are treated so poorly and with such disdain in their own country.
If it wasn’t for people like Nick Joseph, who else would ring these warning bells..?
Let’s not ignore these warnings, let us demand that our government also takes notice and applies brakes to the runaway train, that is headed our way.
While I’m very happy that Nick uses his platform to relay the message, it is irrefutable that thousands of Caymanians have been yelling the same message from the rooftops for decades now. They just don’t have nearly as wide a reach (and who listens to them anyway, when there are wealthy white foreigners to give the credit to?)
It’s like the Weather , everybody will talk about it, but no one it seems can do anything to change it.
However, Those who have the power to do something about it, don’t, because they have too much to lose.
Thanks Mac, Saunders, Kenneth and DuhWayne.
Did you change topic half way thru?
Felt that way; Its one of those big topics though so I understand why. (I was waiting for a third change of tack at the end since there’s more that could be said about the social implications of the past/current immigration decisions/projections.)
Wow what a sobering commentary Nick. Lots to unpack here but the nugget of interest is the fact that CIG current (and past) has based its fiscal policy on the massive revenue earned from work permits. Due to no forward planning that revenue stream will eventually go away as work permit holders (family, et al) becomes Caymanians.
“Due to no forward planning”.
That is because forward planning by our Govt. encompasses the next 4yrs only i.e. an election cycle.
You mean, all they think about is how to get elected and how to spend our money fruitlessly. That is all. No planning re sustainability, development, climate change, etc etc etc etc etc etc
4 would be an improvement. It’s probably less than 2 years of work throughput. If you lick your finger and hold it up in the air, you’ll feel the momentum slowing down already in advance of April 2025. Very little will happen between now and then, save for some paving, last minute backroom dealing, and improper contract awards.
2.30pm You forgot borrowing another 150 million to endure their re-election.
Unfortunately it’s not just blah blah. @9:58.The reality is that our leaders present and past ( 3-4 election cycles) have failed caymanians miserably. We are now on the path of not just being outnumbered by work permit holders but also by PR etc.
Many saw it , talked about it but no guts no gain. Persons like Mckeeva Bush, Kirk Tibbetts, Alden Mckaughlin and others who have been part of government since The 2000’s should hang their heads in shame for they are all in one way or the other culpable.
Caymanians The Third Class citizens of the Land. What a mess! More to come?
Caymanians failed Caymanians miserably.
‘Many saw it , talked about it but no guts no gain..’.
That is exactly blah, blah, blah.
Which Caymanians?
The ones in the legal department telling immigration what they must do?
NOT ONE FROM CAYMAN.
They came in a Trojan Horse. We hired them to protect us.
“More to come”..?
Yes more Jamaicans to come , and more to come as they multiply enabled by the NAU and welcomed by our Jamaican politicians.
Not just Jamaicans but also Americans, and Canadians. South Africans, Philippinos, Hondurans, and Nepaleses, only to name a few others.
How many Americans, Canadians or Saffas on NAU? I’m going to guess zero.
11.34pm Don’t forget Indians our next big problem
Nick, you neglected to name the UDP. My question is why.
I think that would be because it was the PPM that did away with Key Employee, failed to extend Term Limits to the civil service and dependents and who, after the secret Ritch Report removed most of the barriers to Permanent Residency.
Thats because he doesn’t have the blinders on that people like you have. The UDP gets criticised for the “mass status grants” they were fixing a decade long problem that had been ignored so they granted status to 2700 people and at the same time put a policy in place with key employee and the roll over that would ensure what is happening now wouldn’t have happened. Conveniently no one remembers that when they discuss the status grants. Well when you extrapolate the numbers who have been granted and will be granted Cayman status under the existing system that 2700 gets overtaken within a maximum of three years. But folks with the blinders are still talking about the 2700 and ignoring the tens of thousands that have been granted since then. Obviously Nick understands who created the real problem.
yow it didnt take NICK TO TELL US WHO DID IT WE KNOW IT AND FEL IT EVERY DAY AND STILL REELECT HIM TO PARLIAMENT. aND DONT FORGET HIS OPPOSITION PPM GOT A NUMBRT OF THEM AS WELL INCLUDING BRITHER IN LAW NOT EVEN ON ISLAND.
DESERVES CAPS.
“Surprisingly, there is also not even any requirement that the Caymanian (or their spouse) have any extensive prior residence in Cayman” I find this quite disturbing.
1. I am an American but my husband can’t get American papers because he’s never lived in the USA.
2. Isn’t that a marriage of convenience?
This refers to person who receive their Status by entitlement, grant or other ways EXCEPT by descent. This is the reason why Generational Caymanians are becoming Second class Citizens in their own country.
Generational Caymanian is constantly thrown around….until they need something from the UK, or Jamaica….
I am Caymanian and I am disturbed by this. It is a very serious defect in our law. It is enabling many with little connection to come in and feed at a trough supposedly reserved for Caymanians in need.
It is undermining the fabric of our society and our economic sustainability.
Blah, blah, blah!
So boring. Right up until Cayman becomes another failed state in the region, overwhelmed by too many who have no love for the country and its people, and who lack the finances to maintain themselves. Will you then complain that no one spoke up before it was too late? Couldn’t they see it coming?
Immigration policy should change , and change now, to admit ONLY those that Cayman needs, and not those who need Cayman.
You win BINGO!
The problem is that has been the law since 1972.
Caymanians, front businesses for expats. Caymanians marry expats for money. Caymanians sell the land to expats for money. Caymanians hire expats illegally, so they don’t have to pay their own people a proper wage. Caymanians have created the horrible education system with teachers that can’t add 2 plus 2 and expect our children to get high level jobs. Top Caymanians don’t use the public school system, yet don’t try to improve it as this would mean they would be helping their own people. Caymanians vote the same clowns in every election. USE YOUR POWER TO VOTE AND MAKE A CHANGE!
How about the power of law? If our robust law enforcers enforced it things would be quite different.